JUDGMENT :

1. The fourth defendant has filed this appeal against the decree and judgment of the District Court, Cuddapah confirming those of the District Munsif's Court, Proddatur.

2. The suit, which has given rise to this Second Appeal, was instituted for the specific performance of an oral agreement to sell a plot of land of an extent of 4 acres, entered into between defendants 1 to 3 and the plaintiff on 29-11-1948 and also for an injunction restraining the fourth defendant from interfering with the plaintiff's possession. The case for the plaintiff is that the suit land originally belonged to his family, that, in or about the year 1935, it was sold to the family of defendants 1 to 3 and that despite this, he remained in possession of the land as a tenant till 29-11-1948 when the agreement for sale of the land was entered into between the parties, notwithstanding that the lease in his favour had expired two years prior thereto. On account of enmity between the plaintiff and the appellant, the latter obtained a sale deed on 30th December 1944 offering a higher price and with the knowledge of the agreement in favour of the plaintiff. The suit was contested inter alia on grounds th